Tejeda v. 57th & 6th Ground LLC
The Appellate Division, First Department, affirmed an order from the Supreme Court, New York County. The plaintiff, Juan Miguel Presinal Tejeda, was granted partial summary judgment on his Labor Law §§ 240(1) and 241(6) claims after being injured due to a scaffold lacking guardrails. The Supreme Court also granted landlords' motion for summary judgment on their cross-claims for contractual and common-law indemnification and breach of contract against the plaintiff's employer and third-party defendants. The appellate court found that the employer's insurance policies were non-compliant with lease requirements, creating a gap in coverage and resulting in damages to the landlords. The court concluded that the violation of Labor Law § 240(1) proximately caused the plaintiff's injuries and affirmed the lower court's decisions.